Birth Injury Lawyer in Palm Springs
The medical management of pregnancy and labor and delivery are complex processes that must be handled with the utmost care and attention in order to be carried out safely and correctly. It is when a doctor's negligence or a nurse's oversights occur that mothers and infants are most at risk of being injured in a birth accident. It is also during the birthing process that many newborns are susceptible to suffering from physical injury. It is also a known fact that some of the illnesses or medical conditions that a baby is born with can be traced back to medical acts of negligence that happened long before the birth itself. Some so-called congenital defects are the result of medical negligence.
What caused your child's birth injury?
Crucial to making a legal claim or filing a medical negligence lawsuit is the determination of what caused the birth injury from which your child is now suffering. This is often not an easy process, as there are many possibilities that could have led to the unfortunate medical condition. However, this is a task that must be undertaken before you can effectively move forward with the legal process.
While some birth injuries are the results of natural causes, i.e. large babies, premature labors, cephalopelvic disproportion, etc., sometimes the fault of the birthing accident and injury lies with the medical staff that was in charge of overseeing the pregnancy and subsequent birthing process. It is the responsibility of your medical team to provide effective support, direction and supervision of both your pregnancy and birth process. When this is not done, complications can arise and injuries / illnesses can follow.
One of the most common causes of birth injuries among newborns in the U.S. is the failure of your doctor or obstetrician to properly asses the conditions of your pregnancy and labor and to respond to them within the standard of care for medical professionals. Complications during a delivery can be the result of a delivery nurse that did not appropriately follow protocol or an obstetrician who failed to diagnose a notable problem during a woman's pregnancy. In either one of these scenarios, significantly serious side effects can result, most of which are detrimental to a newborn's health, wellbeing, and future.
Complications, Injuries and Defects
There is an important difference between unpreventable complications during a child's birth and actual injuries that are sustained during labor that are caused by medical negligence. There is also an important difference between injuries that result from a medically mismanaged labor and congenital defects with which a baby might be born.
Birth complications are issues that arise during a woman's labor. Generally, these complications are preceded by a relatively easy or normal pregnancy, free from any major concerns. Complications can be things such as a labor that lasts longer than normal (creating the risk of infection), a baby that presents abnormally (i.e. deliveries that need to be made buttocks first instead of head first) and umbilical cord prolapse (when the umbilical cord makes its way through a woman's cervix before the baby).
Birth injuries are often the result of the complications described above. However, these injuries can also be caused by a doctor's negligence or another form of malpractice. Injuries are harms caused to the newborn that were incurred during labor or the delivery. For every 1,000 newborns it is estimated that approximately 5 will suffer from birth injuries of some sort. Often, these are injuries that were incurred as a result of an obstetrician's improper usage of a medical device or technique during the actual labor.
Birth defects are usually conditions that resulted from problems experienced prior to birth, while the baby is still in the mother's womb. Seven percent of all newborns are believed to suffer from birth defects of some degree. While some of these defects are the result of environmental factors or hereditary means, others are actually caused by the use of prescription drugs that are taken during pregnancy (often with the okay of a doctor). The causes of many birth defects have yet to be discovered, but those that can be proven to be the fault of a medical professional deserve legal attention.
Legal Claims in the Coachella Valley & Palm Springs: How a Birth Injury Attorney Can Help
Birth injury claims should be handled by a personal injury attorney. This type of claim can be brought against the obstetrician caring for the pregnant women during the pregnancy, the doctor who delivered the child, the nurses and medical caregivers involved in your labor or the medical facility at which your child's birth took place. In order to make a successful claim, you and your lawyer will need to prove that the defendant (whoever you choose to make the claim against) failed to provide the standard of medical care that was their duty to provide to you and your baby. This will be demonstrated either by a failure to act in a required manner or a deliberate action that should not have been taken that resulted in the harm of your baby. Most importantly, you will need to be able to show that this failure led to your child's injury, illness or birth defect by having medical expert opinions critical of those medical professionals being accused and finding those accused medical professionals to be responsible for the child's injuries or birth injuries.
With the help of an attorney, a thorough investigation into your child's birth injury can be conducted by professionals that know exactly what to look for in matters such as these. In fact, without the supervision and direction of a legal professional, it could be difficult to find the evidence and support you need to justifiably back your claim. When legal professionals are aiding in your efforts, expert witnesses can be called to speak on your behalf and extensive investigations will be conducted to complete the process successfully. Therefore, the best way to ensure that your child is justly compensated for the birth injury or illness is not to hesitate to seek legal help as early as possible.
You need to contact a Palm Springs birth injury attorney if you or your child suffered unnecessarily at the hands of a negligent medical professional. Call our firm today for more information!